Review

The article substantiates the relevance of the problems of pre-trial investigation of treason against the State and procedural management of such an investigation. A brief analysis of the state of scientific research of these problems is fulfilled. The emphasis is placed on the importance of a prosecutor's qualification assessment of a crime during pre-trial investigation of treason against the State.

It is noted that in order to qualify treason in the form of an adhering to the enemy in conditions of armed conflict, the following circumstances are subject to proof: the presence of an armed conflict, its nature (internal, international armed conflicts or armed conflicts at the state border) and a specific territory, as well as the period of such conflict.

The essence of prosecutorial supervision over the pre-trial investigation of treason against the State is revealed. The structure of this crime is analyzed. The criminal-law description of various forms of his commission is filed. It is noted that in order to qualify the actions of a person as a treason against the State in the form of espionage, the ways of transmitting classified information may be different (oral, written, direct reading of any material, radio, telephone, with using caches, couriers etc.). For the responsibility there is no significance of the transmitted primary sources (originals of documents, drawing, samples), their copies or only information about them (casts, layouts, description of technical systems, any objects, etc.). Therefore, any actions detected either in the form of a transfer in the literal sense of the word, or in creating conditions for familiarizing the agent of another state with them, fall under the concept of transfer.

The practice of prosecutorial supervision in the form of procedural guidance by pre-trial investigation of treason against the State in its various forms is analyzed.

The problems that arise when a prosecutor gives a qualification assessment of a crime during a pre-trial investigation of treason against the State is determined. The ways of solving these problems are offered.

It is shown that the correctness of such an assessment depends on a clear definition of the subject of evidence, the correct organization of work for the gathering of evidence and the effective maintenance of the state prosecution in court.

It is concluded that the qualifying assessment of a crime by a prosecutor during a pre-trial investigation of treason against the State is an important element of procedural guidance. The correctness of such an assessment depends on a clear definition of the subject of proof, the correct organization of work for the gathering of evidence and the effective maintenance of the state prosecution in court.

Key words: procedural guidance, prosecutor, supervision over compliance with legislation, pre-trial investigation, treason against the State, espionage.